WHEREAS, the states have entered into a contractual relationship with the federal government under the provision of Title IV-D of the Social Security Act;
WHEREAS, the states, understanding of their responsibility under Title IV-D has always been that compliance with HHS audit criteria constituted with Title IV-D statutory mandates; and
WHEREAS, Title IV-D does not clearly state Congress' intent as to whether a private right of action is available to enforce the provisions of Title IV-D; and
WHEREAS, a number of states have been burdened by federal litigation, which diverts resources from child support enforcement activities; and
WHEREAS, this lack of statutory clarity has resulted in conflicting federal court decisions; and
WHEREAS, the outcome of those cases could be the imposition of enormous financial and programmatic -burdens on state IV-D programs,
THEREFORE BE IT RESOLVED, that the National Council of State Child Support Administrators (NCSCSEA) believes the standard to which state child support enforcement programs should be held is the federal compliance standard, as monitored by the federal audit process,
BE IT FURTHER RESOLVED, that the NCSCSEA supports legislation clearly stating that the provisions of Title IV-D are not enforceable by an individual or class pursuant to 42 U.S.C. Section 1983.
Adopted by the National Council of State Child Support
Enforcement Administrators
February 12, 1996